1.1. This Acceptable Use Policy ("AUP") applies to all users of any services provided by Abacus ("End Users"), including all Subscribers and all End Users of the Cloud Services, the Connection Services and any other services provided by Abacus (the “Services”). All End Users must comply with this AUP and Subscriber and each End User is responsible for failure to comply with this AUP. The Services are provided to Subscriber and to each End User on the express condition that each End User complies fully with all provisions of this AUP. ABACUS RESERVES THE RIGHT TO MODIFY THIS AUP FROM TIME TO TIME WITHOUT NOTICE.
1.2. Abacus does not monitor, under normal circumstances, the content of any website, electronic mail transmission, news group, or other material created, transmitted, or accessed over or through the Services. However, Abacus reserves the right to suspend or terminate any Services, or take any other action, if Abacus believes that an End User’s, or Subscriber’s use of the Services, in Abacus’ sole discretion, may be illegal, subject Abacus to liability, or otherwise violate this AUP. Abacus may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Abacus does not accept any responsibility for the content of the materials and information published by others, which are accessible through the Services, and does not accept any responsibility for the violation of any laws resulting from such publication. Subscriber and each End Users must abide by the laws of the state and country in which they reside, including all copyright laws and regulations, tariff regulations, and export controls, treaties and international law.
1.4. Use of the Services constitutes an End User’s acceptance of and agreement to abide by all of the policies of Abacus, including this AUP, as such policies may be modified by Abacus from time to time, and to use the Cloud Services for lawful purposes in compliance with all applicable laws. Use of the Services is at the sole risk of the End User.
Electronic Communications Privacy Act Notice (18 USC 2701-2711) ABACUS MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS WEBSITE, NETWORK, MEDIA, EQUIPMENT, OTHER MEANS OF ELECTRONIC STORAGE OR COMMUNICATIONS OR VIA USE OF ITS SERVICES. ABACUS SHALL NOT BE LIABLE FOR THE PRIVACY OF INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND PERSONALLY IDENTIFIABLE INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON ABACUS’ EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY ABACUS, OR OTHERWISE CONNECTED WITH USE OF ABACUS SERVICES.
2.1. Abacus accounts may be used only by the authorized owners of the accounts, except where specifically authorized by Abacus system administrators. Revealing account username or password to others or allowing use of Subscriber’s account or an End User’s login credentials by others is prohibited.
2.2. Resale, trade of transfer any account without express written consent from Abacus is prohibited. Attempting to obtain access beyond that for which Subscriber is authorized will be grounds, in the sole discretion of Abacus, for immediate suspension or termination of such Subscriber's account, or an End User’s access to or use of the Services.
2.3. Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication or use of the Abacus network to gain unlawful or unauthorized entry to another machine on the Internet or any other network; use of an Abacus account to or attempt to alter or destroy data belonging to Abacus or another user on any computer network; and use of the Abacus system as a staging ground to "crack" other systems will be grounds for immediate termination of such Subscriber's account.
2.4. Transmission, redistribution, reproduction or commercial exploitation of information available on the Abacus network without the permission of its owner or in violation of applicable copyright laws or patents will be grounds for immediate termination of such Subscriber's account.
2.5. Abusive or inappropriate use of the Services, including any behavior which disrupts the normal use of the Services or the Internet services of others, inhibits any persons or systems from accessing the Internet or, interferes with the proper operation of the Abacus network or impairs the availability, reliability or quality of the Services for other Abacus subscribers or customers, or any other persons or systems, will be subject to the sanctions described below. It is a violation of this AUP for Subscriber or any End User to affect or participate in any of the following activities:
(a) Exporting software or technical information in violation of U.S. export control laws;
(b) Making fraudulent offers of items, products, or services originating from a Subscriber's account;
(c) Using non-authorized relays through any third party systems, or using or tolerating the use by others of Services as a relay for any use not permitted by this AUP;
(d) "Flooding" or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system, or any other methods of denial of service of another;
(e) Storing or distributing on Abacus servers illegally-acquired information, programs containing malicious code, including viruses, trojans or worms or tools to comprise the security of other sites;
(f) Using programs such as packet sniffers, host and/or service monitoring or other similar programs;
(g) Engaging in any of the above activities using the service of another provider but channeling such activities through an Abacus account or re-mailer or using Abacus account as a mail drop for responses;
(h) Directing commercial advertising to groups in violation of their charters;
(i) Publishing or distributing obscene or defamatory materials;
(j) Willfully violating the posted acceptable use policy or other similar provisions of any Internet Service Provider (ISP) or network.
(k) Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable federal, state, local or international law, or any rules or regulations promulgated there under, or permitting any other person to do any of the foregoing, whether through action or inaction;
(l) Using the Services to harm, or attempt to harm, minors in any way;
(m) Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property;
(n) Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another;
(o) Using the Services to make fraudulent offers to sell or buy goods or services or to conduct any type of financial scam, including, without limitation, "pyramid schemes," "Ponzi schemes," and "chain letters";
(p) Using the Services to transmit or facilitate any unsolicited advertising or promotional messaging, or bulk messaging, including, but not limited to, email and instant messages;
(q) Adding, removing or modifying identifying network header information to deceive or mislead, or to impersonate any person (excluding using anonymous remailers or nicknames not intended to impersonate and deliberately misleading headers ("munging" headers) in news postings to safeguard against spam email address collectors);
(r) Using the Services to access, or attempt to access, accounts of others, or to penetrate, or attempt to penetrate, security systems of Abacus or any other organization, or to access or attempt to access the communications network of Abacus or any other organization without authority, whether or not such actions disrupt or affect any data or other information;
(s) Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of another, including without limitation, unauthorized copying of copyrighted material, digitization and distribution of photographs from publications, web sites, or other copyrighted sources, and unauthorized transmission of copyrighted software;
(t) Using the Services to collect, or attempt to collect, personal information about others without their knowledge or consent; or
(u) Using the Services in any manner which adversely affects the ability of other persons or systems to use the Services, including, without limitation, "denial of service" (DoS) attacks against another network host or user, interfering with or disrupting use or enjoyment of the Services by other End Users, or tampering with any network equipment (whether in or out of the site of use).
2.8. Email is a person-to-person medium and not a broadcast medium. Harassing others by "mail-bombing" or "spamming", which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than ten (10) similar mail messages to the same email address, or 10Mb of data to a newsgroup is grounds for, in the sole discretion of Abacus, immediate termination or suspension of a Subscriber's account, or an End User’s access to or use of the Services.
2.9. Certain restrictions relating to newsgroup postings have been established by Usenet and are respected by Abacus. Subscriber and each End User using the Services unconditionally agree to abide by such restrictions, protocols and policies in using the Services.
2.10. The following activities are specifically prohibited by Abacus in connection with the use of email, newsgroup or internet relay chat (IRC) services:
(a) Distributing malicious software which contributes to or assists in "mail-bombing" or "spamming";
(b) Sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using any Abacus email address to collect responses from unsolicited email;
(c) Attempting to impersonate any person, using forged email or Usenet headers or other identifying information;
(d) Using a news server for software distribution, cross-posting messages to more than ten (10) newsgroups and posting off-topic messages and advertising to newsgroups;
(e) Posting frivolous, excessively vulgar or repetitious messages to newsgroups;
(f) Posting binary or excessively large unrelated text files to non-binary newsgroups;
(g) Installing "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others;
(h) Transmitting blanket postings to all or large numbers of newsgroups simultaneously without regard to the newsgroups' topics;
(i) Using IRC bots in violation of any accepted policies on IRC servers; or
(j) Posting to any newsgroup in violation of a group's charter, published guidelines, FAQs, "community standards", other "netiquette" standards, this AUP, or any law or regulation, including, without limitation, continued posting of off-topic articles or advertisements, deleting or canceling another's posting. Abacus reserves the right to delete or cancel any posting which violates this AUP. If Subscriber or any End User decides to use any portion of the Services to offer any public information service, such as running a web server or FTP server, Subscriber will experience a diminution in performance. Abacus is not responsible for any diminution of service resulting from Subscriber’s operation of such public information services.
3. Subscriber and End User Responsibilities.
3.1. Content. All End Users who publish materials and information which are accessible through the Services are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information.
3.2. Charges. Subscriber is responsible for charges incurred by others to whom Subscriber or any End User has given its username and/or password, and for charges incurred by a person who has obtained such account holder's username and/or password prior to such account holder's notification to Abacus of such fact.
3.3. Traffic. Subscribers are solely responsible for all traffic emanating from their networks.
3.4. Security. Subscriber and each End User is responsible for ensuring that his or her site of use and computer and other network facilities at such End User's premises are protected against unauthorized access and are continuously configured in a secure manner. If an End User is provided a password or other security device by which to access or use the Services, the End User shall safeguard and maintain the integrity and confidentiality of such password or security device.
3.5. Unauthorized Use. Subscriber and each End User must immediately notify Abacus of any unauthorized use of such account holder's account, of any breach or attempted breach of security, if it is believed that such account holder's password has been compromised or of any other violations of this AUP.
4. Remedies for Noncompliance or Violation.
4.1. Use of an Abacus account or service in an illegal manner is grounds for, in the sole discretion of Abacus, immediate termination or suspension of such account. Subscriber and End Users should be aware that Abacus views such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom Abacus will fully cooperate. Abacus will also cooperate with all other law enforcement agencies involved in investigating instances that may be reported to such authorities by Subscribers or other End Users.
4.2. Abacus reserves the right to conduct its own investigation of suspected violations of this AUP.
4.3. Each Subscriber understands and acknowledges that Abacus has the right to terminate or suspend any account for any reason that Abacus interprets as a violation of this AUP and such Subscriber will be liable for any and all costs incurred by Abacus as result of such violation.
4.4. Abacus will review alleged violations of this AUP on a case-by-case basis. Violations, which are not promptly remedied, may result in disciplinary action, including referral to appropriate authorities for investigation and for civil or criminal prosecution. Abacus decisions in all such matters are final. Abacus does not assume any liability to any Subscriber, End Users, other users of the Services or others persons for its failure to enforce this AUP.
4.5. Nothing herein is to be construed to limit Abacus’ remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.
4.6. Abacus may take any one or more of the following actions in response to a violation of this AUP: (1) issue verbal or written warnings to Subscriber and/or End User; (2) suspend End User's access to or use of the Services; (3) terminate End User's access to or use of the Services; (4) charge Subscriber and End User for any and all costs and expenses incurred by Abacus as a result of a violation of this AUP (which costs and expenses shall be paid by Subscriber and End User in full within twenty-five (25) days of invoice date); (5) bring legal action against Subscriber and End User to enjoin violations and/or to collect damages, if any, caused by violations, without prejudice to any other rights at law or in equity which Abacus may have against End User or any other party.